Opinion
Master File No. 00 Civ. 2843 (LAK).
August 3, 2005
PRETRIAL ORDER NO. 392 (Improper Stipulations Submitted by Girardi | Kees)
The firm of Girardi | Kees, which represents many plaintiffs in this MDL, recently submitted approximately 41 stipulations proposing to dismiss without prejudice, pursuant to Fed.R.Civ.P. 41 (a)(ii), claims against a number of physician defendants. The stipulations are signed by counsel for plaintiffs and the defendant physicians. They are not signed by counsel for other parties to these cases.
Rule 41 (a)(ii) provides for dismissal on stipulation only if the stipulation is "signed by all parties who have appeared in the action." Accordingly, the stipulations are rejected. If the stipulating counsel cannot obtain signatures of counsel for all parties who have appeared in each affected action, they will have to proceed by motion in order to give other parties an opportunity to be heard.
SO ORDERED.